Improving the international legal framework for the restoration of civil air transport in the post-conflict period: current challenges and future prospects

The restoration of civil air transport after armed conflicts has become one of the most pressing challenges of contemporary international law and global aviation governance. Despite the existence of a broad system of international legal instruments governing civil aviation, the current regulatory framework does not establish a comprehensive legal mechanism for the coordinated restoration of international air transport services following the cessation of hostilities. The absence of harmonised legal standards governing the reopening of airspace, post-conflict aviation safety assessment, institutional coordination, certification procedures, and international financial support significantly complicates the resumption of safe and sustainable civil air transport operations. The aim of the work is to examine the existing international legal framework governing the restoration of civil air transport in the post-conflict period, identify its principal shortcomings, and substantiate proposals for improving international legal regulation through the development of an integrated post-conflict legal recovery mechanism. The methodological basis of the study includes a combination of general scientific and special legal research methods, including comparative legal analysis, formal legal interpretation, systematic analysis, historical method, institutional analysis, and the method of legal modelling. The research is based on the provisions of international treaties, international customary law, standards and recommended practices developed by the International Civil Aviation Organization (ICAO), documents of the International Air Transport Association (IATA), legal instruments of the European Union Aviation Safety Agency (EASA), as well as contemporary international legal scholarship. Results. The study demonstrates that the existing international legal system regulates numerous aspects of international civil aviation but lacks a unified legal framework governing post-conflict recovery of civil air transport. The article identifies the principal legal gaps concerning aviation safety assessment, international certification procedures, institutional cooperation, financial recovery mechanisms, and State responsibility. An original model of an international legal recovery framework is proposed, integrating legal, institutional, technical, and financial instruments designed to facilitate the safe restoration of civil air transport after armed conflicts. Conclusions. Effective restoration of civil air transport requires the development of coordinated international legal mechanisms capable of ensuring legal certainty, harmonised safety standards, enhanced institutional cooperation, and sustainable post-conflict recovery. The implementation of a comprehensive international legal framework would significantly strengthen the resilience of the global civil aviation system and contribute to international peace, security, and sustainable development.

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Publication Details

Journal
Visegrad Journal on Human Rights
Published
2026-09-16
DOI
https://doi.org/10.61345/1339-7915.2026.2.5
Primary Topic
International Law and Aviation
Type
article
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Improving the international legal framework for the restoration of civil air transport in the post-conflict period: current challenges and future prospects

Yevhenii Chernii
Visegrad Journal on Human Rights
International Law and Aviation
article

Improving the international legal framework for the restoration of civil air transport in the post-conflict period: current challenges and future prospects

Yevhenii Chernii
article en

Abstract

The restoration of civil air transport after armed conflicts has become one of the most pressing challenges of contemporary international law and global aviation governance. Despite the existence of a broad system of international legal instruments governing civil aviation, the current regulatory framework does not establish a comprehensive legal mechanism for the coordinated restoration of international air transport services following the cessation of hostilities. The absence of harmonised legal standards governing the reopening of airspace, post-conflict aviation safety assessment, institutional coordination, certification procedures, and international financial support significantly complicates the resumption of safe and sustainable civil air transport operations. The aim of the work is to examine the existing international legal framework governing the restoration of civil air transport in the post-conflict period, identify its principal shortcomings, and substantiate proposals for improving international legal regulation through the development of an integrated post-conflict legal recovery mechanism. The methodological basis of the study includes a combination of general scientific and special legal research methods, including comparative legal analysis, formal legal interpretation, systematic analysis, historical method, institutional analysis, and the method of legal modelling. The research is based on the provisions of international treaties, international customary law, standards and recommended practices developed by the International Civil Aviation Organization (ICAO), documents of the International Air Transport Association (IATA), legal instruments of the European Union Aviation Safety Agency (EASA), as well as contemporary international legal scholarship. Results. The study demonstrates that the existing international legal system regulates numerous aspects of international civil aviation but lacks a unified legal framework governing post-conflict recovery of civil air transport. The article identifies the principal legal gaps concerning aviation safety assessment, international certification procedures, institutional cooperation, financial recovery mechanisms, and State responsibility. An original model of an international legal recovery framework is proposed, integrating legal, institutional, technical, and financial instruments designed to facilitate the safe restoration of civil air transport after armed conflicts. Conclusions. Effective restoration of civil air transport requires the development of coordinated international legal mechanisms capable of ensuring legal certainty, harmonised safety standards, enhanced institutional cooperation, and sustainable post-conflict recovery. The implementation of a comprehensive international legal framework would significantly strengthen the resilience of the global civil aviation system and contribute to international peace, security, and sustainable development.

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